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Carrier's Obligations and Liabilities in International Sea Carriage : A Comparative Study of the Nordic Maritime Codes, Chinese Maritime Code and Rotterdam Rules

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Title: Carrier's Obligations and Liabilities in International Sea Carriage : A Comparative Study of the Nordic Maritime Codes, Chinese Maritime Code and Rotterdam Rules
Author(s): Zhou, Binling
Contributor: University of Helsinki, Faculty of Law
Discipline: Private international and comparative law
Language: English
Acceptance year: 2014
Abstract:
This thesis is going to do a comparative study of the Nordic Maritime Codes, Chinese Maritime Code and Rotterdam Rules (United Nations Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea) with respect to carrier’s obligations and liabilities imposed hereupon. The backgrounds for this study are the ambitious goals and controversial future of the Rotterdam Rules, the significant roles that the Nordic countries and China have played in international carriage of goods by sea, and the important position of the carrier’s mandatory obligations and liabilities in this field. Through the comparative study, this thesis tries to disclose the similarities and differences between these legal regimes, to see what changes will be brought to the Nordic/Chinese maritime laws and what impact may be led to their shipping industries if they finally accept the Rotterdam Rules. Based on these backgrounds, the detail contents discussed in this thesis include: (1) the legislative history and scope of application; (2) period of carrier’s responsibility; (3) carrier’s obligations; (4) carrier’s liability for physical loss of or damage to the goods; (5) carrier’s liability for delay in delivery; (6) carrier’s liabilities for deviation, deck cargo and live animals. Each of the NMCs, CMC and the Rotterdam Rules is respectively discussed in detail under each part. By comparing the regional solutions and the new international Convention, at the end of this thesis the possible future of the Rotterdam Rules is discussed from Nordic and Chinese perspectives of views.


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